APPLICATION FOR “DO IT YOURSELF”

NOTICE TO OWNER SERVICE

This Agreement is effective as of , _____, by and between

Name of Firm or Company: ______

Street Address: ______

Mailing Address (if different): ______

City: ______State: _____ Zip: ______

and NACM Services Corp., of P.O. Box 21798, Tampa, Florida 33622.

In this Agreement, the party who is contracting to receive services shall be referred to as‘Applicant’, and the party who will be providing the services shall be referred to as “NACM”.

NACM has a background in “Notice To Owner” Services and is willing to provide services to Applicant based on this background.

Applicant desires to have services provided by NACM.

Therefore, the parties agree as follows:

Applicant acknowledges that the Applicant will conduct its own research using NACM’s Notice of Commencement Database, and NACM will print and mail Notice To Owner letters per Applicant’s instructions on the following business day of receipt from Applicant. IT IS THE APPLICANT’S RESPONSIBILITY TO TIMELY AND PROPERLY PROVIDE NOTICE TO OWNER INFORMATION TO NACM. NACM DOES NOT GUARANTEE THAT NOTICE TO OWNER IS TIMELY.

NACM will not conduct research concerning the legal description of a property, its ownership, whether bonding is required, or any other pertinent information in order to mail out a timely and effective Notice To Owner, nor will NACM Services Corporation ascertain to whom the Notice to Owner should be sent. Accordingly, IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT THE APPLICANT WAIVES ANY CLAIM AGAINST NACM SERVICES CORPORATION, THAT IT NOW HAS OR MAY HAVE IN THE FUTURE DUE TO NACM SERVICES CORPORATION’S INABILITY TO ASCERTAIN THE PARTY OR PARTIES WHO SHOULD RECEIVE THE NOTICE TO OWNER OR COPIES THEREOF.

1. PAYMENT. Applicant will pay a fee to NACM for its services. Fee shall be payable in lump sum ten (10) days from date of NACM’s invoice.

2. INDEMNIFICATION. Applicant agrees to indemnify and hold harmless NACM from all claims, losses, expenses, fees including attorney’s fees, costs, and judgments that may be asserted against NACM that result from the acts or omissions of Applicant, Applicant’s employees, if any, and Applicant’s agents.

3. INTELLECTUAL PROPERTY. Applicant agrees that NACM holds an interest in the Intellectual Property and Information provided in NACM’s database. Applicant will not acquire shop rights or an interest in any way in such Intellectual Property or Information provided through NACM’s database by virtue of development, adaptation, sale, or use.

4. CONFIDENTL4LITY. Applicant recognizes that NACM has and will have proprietary information (collectively “Information”) which are valuable, special, and unique assets of NACM and need to be protected from improper disclosure. In consideration for the disclosure of the Information, Applicant agrees that Applicant will not at any time or in any manner, either directly or indirectly, use any Information for Applicant’s own benefit, or divulge, disclose, or communicate in any manner any Information to any third party without prior written consent of NACM. Applicant will protect the Information and treat it as strictly confidential. The confidentiality provisions of this Agreement shall remain in full force and effect after the termination of this Agreement. A violation of this paragraph shall be a material violation of this Agreement.

5.UNAUTHORIZED DISCLOSURE OF INFORMATION. If it appears that Applicant has disclosed, or has threatened to disclose Information in violation of this Agreement, NACM shall be entitled to an injunction to restrain Applicant from disclosing, in whole or in part, such Information, or from providing any services to any party to whom such Information has been disclosed or may be disclosed. NACM shall not be prohibited by this provision from pursuing other remedies, including a claim for losses and damages.

6. SERVICES TO THIRD PARTIES. Applicant shall not provide any “Notice To Owner” services to any third party unless Applicant has obtained NACM’s prior written consent.

7. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.

8. AMENDMENT. This Agreement shall not be modified or amended unless made in writing and signed by both parties. No employee or agent of NACM may alter the limitation of liability set forth herein, orally or otherwise.

9. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or
unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

10. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.

11. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Florida.

12. ENFORCEABILITY. In the event it becomes necessary for NACM to seek the enforcement of any term or condition of this agreement, whether by suit or otherwise, Applicant agrees to pay all reasonable attorney fees and costs incurred by NACM as a result thereof. By signing this agreement, the Applicant acknowledges that it has read and agrees to the terms set forth herein.

Applicant:Accepted:

NACM Services, Corp

______By: ______

Dated: ______Dated: ______

Contact Information:

Name: ______

Phone: ______Fax: ______

Email: ______

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